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Terms of service

About iMarklet

iMarklet is the first Content Sharing Community developed for ease of use for the Apple’s IPHONE. iMarklet makes sharing links and other messages easy to post on the fly with the use of all smartphones and conventional computers as well.

We envision the iMarklet community being used by anybody, especially many social network members who want to promote their favorite links to sites of interest on the web. The value of this to our community grows as the number of members increase. Our message is simple: help grow our community so your message gets heard. Our business model is designed to increase your capabilities and options without ever increasing your cost.

iMarklet makes sharing information with community members dynamic and fun with no cost. Communication is the key to efficient time management and iMarklet makes it easy for our content sharing community.

Your User Data

iMarklet will only use your user data to help improve your services every day. Any user data collected by iMarklet is anonymous and related to the quality history of your connection through iMarklet. User data is restricted to members of the iMarklet trusted team and never shared without your explicit permission.

You never need to provide us with your name, your address or your credit card number.

Copyright

Copyright infringement is a violation of federal law and subject to severe civil penalties and sanctions. Copyright infringement can also be a violation of federal criminal law. Thus, every user of the Site must maintain a basic understanding of copyright law. For more information on U.S. copyright law and the Digital Millennium Copyright Act, consult the Web site of the U.S. Copyright Office which has a number of circulars available that provide information about and guidance on copyright law issues. See, for example, the Copyright Office’s Circular 1, which has simple, concise, explanations and descriptions of what one must do to keep from infringing copyrights of others, as well as protecting one’s own creative works.

Intellectual Property Rights

iMarklet is committed to offering you use of iMarklet for free for the foreseeable future. This requires that iMarklet maintain efficient control of the core intellectual property which enables all iMarklet and services. This means you must agree not to remove any copyright, trademark or other proprietary rights or notices contained in or on iMarklet. iMarklet also respects your rights to the intellectual property residing on computers running the iMarklet and will never use spyware, contentware or malware to attempt to gather private information.

Community User Improvements

iMarklet is committed to supporting and expanding the free content sharing community worldwide. iMarklet is committed to providing application programming interfaces (APIs) and other tools to enable users in the free communities to customize, improve functionality to the iMarklet platform. iMarklet recognizes the importance of the joining between iMarklet user communities to expand the Content Sharing Community.

iMarklet User Equipment Requirements

This new iMarklet beta release is intended for use on all web browsers and computing platforms.

iMarklet Terms of Service

By using the iMarklet, you agree to be bound by the following terms and conditions (which the attorneys call the "iMarklet Terms of Service"), which are a binding agreement between you and iMarklet Inc. and its community affiliates.

Eligibility

Membership in iMarklet is void where prohibited. This site is intended solely for users who are thirteen (13) years of age or older, and users of the site under 18 who are currently in high school or college. Any registration by, use of or access to the site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Service. By using iMarklet, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this agreement.

You may use the iMarklet and technology provided to you by iMarklet for the sole purpose of using iMarklet as described here. You must immediately notify us of any unauthorized use of the iMarklet or any other security breach.

Inappropriate Content

While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like iMarklet. Therefore, you may not post or share content that:

is obscene, pornographic or sexually explicit;

depicts graphic or gratuitous violence;

makes threats of any kind or that intimidates, harasses, or bullies anyone; or

While we are not responsible for the conduct of our users, we want iMarklet to be a safe place on the internet. Therefore, in using iMarklet, you may not:

violate any local, state, national or international law or post any content that would encourage or provide instructions for a criminal offense;

impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

use iMarklet to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

post or share any personally identifiable or private information of any third party;

solicit passwords or personal information from anyone, including those under 18;

use information or content you obtained on the iMarklet website or service in any manner not authorized by the iMarklet Terms of Service;

post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

register for more than one account or use or attempt to use another’s account, service or system without authorization or create a false identity on iMarklet; or

engage in any predatory or stalking conduct.

Other

iMarklet retains the right to track, intercept and disclose any transmissions over or using our facilities, and to provide user information, use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our users, rights, or property, including intellectual property).

iMarklet is committed to working for you. Online safety is a shared responsibility. iMarklet asks you to join us in defending privacy and data safety online. We ask you to think proactively and to protect not only your identity and data online, but also the privacy and safety of your fellow users online. This requires that you agree to refrain from:

distributing or reselling any unauthorized or modified version of the iMarklet;

attempting to collect or maintain any information about other users within the iMarklet Content Sharing community or other third parties for unauthorized purposes;

transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; and

using any part, piece or program of iMarklet or intellectual property for any unlawful, harassing,abusive, criminal or fraudulent purpose.

We ask that you be as protective of your user data as we are. We urge you to responsibly protect all user data, make frequent backups, and take adequate measures to safeguard the safety of your data and that of other members of the community.

To assure this, we depend upon your awareness and acknowledgement that iMarklet or future designated third parties own all right, title and interest in and to theiMarklet, portions thereof, or software provided through or in conjunction with the iMarklet. That includes without limitation all Intellectual Property Rights.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

While iMarklet does not charge you, iMarklet may collect anonymous usage information from your computer that we and our trusted team may use to select and display to you a) urgent public safety information when appropriate, b) sponsored messages targeted to unique groups of users upon their acceptance, and c) to perform and publish research about how people use the Internet. Your anonymity and privacy will be protected in all such activities.

iMarklet may also provide you with the ability to choose your preferred categories of advertising, advertisers and specific kinds of sponsored messages and activities.

Changes in iMarklet’s Terms of Service; Termination of iMarklet Terms of Service

We may modify or terminate iMarklet and these iMarklet Terms of Service and any accompanying policies for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any user or any third party. Please review these iMarklet Terms of Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by iMarklet to you shall terminate.

Since iMarklet does not collect personally identifiable data on its users, we regrettably are unable to directly notify you of changes to this policy. The information gathered there will be subject to the same privacy considerations as all other iMarklet operations.

Disclaimers of Warranties

iMarklet AND ANY THIRD PARTY SOFTWARE MCONTENTE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMarklet ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. iMarklet AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. iMarklet AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE iMarklet DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF iMarklet AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU USE iMarklet AND ALL THIRD PARTY SOFTWARE MADEAVAILABLE IN CONJUNCTION WITH OR THROUGH iMarklet AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOCONTENT OR USE OF iMarklet AND SUCH THIRD PARTY SOFTWARE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL iMarklet OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMarklet BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF iMarklet OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF iMarklet AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN CONTENTVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON iMarklet AND ALL THIRD PARTY SOFTWARE MCONTENTE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMarklet FROM INABILITY TO USE iMarklet AND ALL THIRD PARTY SOFTWARE MCONTENTE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMarklet, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF iMarklet AND ALL THIRD PARTY SOFTWARE MCONTENTE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMarklet (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

AGAIN, THERE ARE SOME STATES OR OTHER JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU EITHER.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL iMarklet, ITS SUPPLIERS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

Indemnity

You agree to hold harmless and indemnify iMarklet its affiliates, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of iMarklet, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, iMarklet will provide you with written notice of such claim, suit or action.

Miscellaneous Provisions

These iMarklet Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the iMarklet Terms of Service to be unenforceable, the remainder of the iMarklet Terms of Service will continue in full force and effect.

These iMarklet Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the iMarklet Terms of Service will be effective only if in writing and signed by iMarklet.